Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 1244

NOTICE by Apple Inc. Apple Inc.s Identification Of Deposition Designations And Other Discovery To Be Offered At Trial (Attachments: #1 Exhibit A)(Jacobs, Michael) (Filed on 7/16/2012)

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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WILLIAM F. LEE (pro hac vice)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, Massachusetts 02109
Telephone: [phone]
Facsimile: [phone]
MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and
Counterclaim-Defendant Apple Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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APPLE INC., a California corporation,
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Plaintiff,
vs.
SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity, SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation, and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,

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APPLE INC.’S IDENTIFICATION
OF DEPOSITION DESIGNATIONS
AND OTHER DISCOVERY TO BE
OFFERED AT TRIAL

Defendants.

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Civil Action No. 11-CV-01846-LHK

SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity, SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation, and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
Counterclaim-Plaintiffs,

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v.
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APPLE INC., a California corporation,
Counterclaim-Defendant.

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APPLE INC.’S IDENTIFICATION OF
DEPOSITION DESIGNATIONS AND OTHER
DISCOVERY TO BE OFFERED AT TRIAL
Case No. 11-cv-01846 (LHK)

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Pursuant to the Court’s Minute Order and Case Management Order, dated July 9, 2012,

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Apple hereby identifies the excerpts of deposition testimony and other discovery that it intends to

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offer at trial other than solely for purposes of impeachment or rebuttal. Apple does not waive its

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right to object (i) to the witness or to the use of testimony from a witness if the witness is called

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by Samsung, or (ii) to the use of the discovery response or disclosure if offered by Samsung.

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Apple reserves the right to amend or supplement its designations of deposition testimony or other

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discovery, including in response to any evidence offered by Samsung at trial and/or on the basis

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of any information or documents obtained from discovery which has not yet been completed.

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Apple also reserves the right to designate testimony from any witness on Samsung’s list of

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deposition designations and to offer any other discovery identified by Samsung.

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I.

DEPOSITION DESIGNATIONS

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The excerpts of deposition testimony that Apple intends to offer at trial, other than solely

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for purposes of impeachment or rebuttal, are identified in the attached Exhibit A. Pursuant to the

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parties’ agreement, Apple shall serve on Samsung copies of these deposition transcripts that have

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been highlighted to identify the designated testimony. Objections and instructions have been

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included for ease of reading, but are not designated.

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II.

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OTHER DISCOVERY
Apple intends to offer the following discovery at trial, including the documents

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incorporated by reference therein, other than discovery offered solely for purposes of

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impeachment or rebuttal:

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1.

Samsung’s Disclosure of Asserted Claims and Infringement Contentions (Patent
L.R. 3-1, 3-2), and incorporated exhibits.

2.

Samsung’s Objection and Response to Apple’s First Set of Interrogatories
Relating to Apple’s Motion for a Preliminary Injunction, Response to
Interrogatory No. 1, dated September 26, 2011.

3.

Samsung’s Second Supplemental Objections and Response to Apple’s Second Set
of Interrogatories, Response to Interrogatory No. 2, dated March 12, 2012, and
documents incorporated by reference therein.

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APPLE INC.’S IDENTIFICATION OF
DEPOSITION DESIGNATIONS AND OTHER
DISCOVERY TO BE OFFERED AT TRIAL Case
No. 11-cv-01846 (LHK)

1

4.

Samsung’s Supplemental Objections and Response to Apple’s Second Set of
Interrogatories Relating to Apple’s Motion for a Preliminary Injunction, Response
to Interrogatories Nos. 12-13, dated October 12, 2011, and documents
incorporated by reference therein.

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Samsung’s Second Supplemental Objections and Response to Apple’s Second Set
of Interrogatories Relating to Apple’s Motion for a Preliminary Injunction,
Response to Interrogatory No. 10, dated November 21, 2011, and documents
incorporated by reference therein.

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Samsung’s Third Supplemental Objections and Response to Apple’s Second Set
of Interrogatories Relating to Apple’s Motion for a Preliminary Injunction,
Response to Interrogatory No. 11, dated March 8, 2012, and documents
incorporated by reference therein.

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Samsung’s Second Supplemental Objections and Responses to Apple’s Third Set
of Interrogatories, Response to Interrogatories Nos. 8-9, dated January 14, 2012.

8.

Samsung’s Objections and Response to Apple’s Fourth Set of Interrogatories,
Response to Interrogatory No. 10, dated November 14, 2012, and Exhibit A
thereto.

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Samsung’s Amended Objections and Response to Apple’s Sixth Set of
Interrogatories, Response to Interrogatory No. 14, dated March 7, 2012.

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Samsung’s Supplemental Objections and Response to Apple’s Eighth Set of
Interrogatories, Response to Interrogatory No. 17, dated March 16, 2012.

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Samsung’s Objections and Response to Apple’s Tenth Set of Interrogatories,
Response to Interrogatory No. 36, dated February 29, 2012.

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Samsung’s Supplemental Objections and Response to Apple’s Tenth Set of
Interrogatories, Response to Interrogatories Nos. 27-33, dated March 19, 2012.

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Samsung’s Objections and Responses to Apple’s 15th Set of Interrogatories,
Response to Interrogatory No. 77, dated March 8, 2012.

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Samsung’s Objections and Responses to Apple’s Third Set of Requests for
Admission, Responses to Requests 22-23, dated February 29, 2012.

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Samsung’s Amended Objections and Responses to Apple’s Fourth Set of
Requests for Admission, Responses to Requests Nos. 84-275, dated March 6,
2012.

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Samsung’s Objections and Responses to Apple’s Seventh Set of Requests for
Admission, Responses to Request Nos. 301-304, 309 and 362, dated March 7,
2012.

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APPLE INC.’S IDENTIFICATION OF
DEPOSITION DESIGNATIONS AND OTHER
DISCOVERY TO BE OFFERED AT TRIAL Case
No. 11-cv-01846 (LHK)

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Samsung’s Objections and Responses To Apple Inc.’s Eighth Set of Requests for
Admission, Responses to Request Nos. 381-387, dated March 10, 2012.

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Samsung’s Objections and Responses to Apple’s Ninth Set of Requests for
Admission, Responses to Request Nos. 446, 449, 451, 453, 455, 457, 536-543,
549, 551, 552, 553-562, 568-570, 572, 573, 578-589, 595-596, 602, 604-608, 610616, 621-622, 625, 627-639, 642-643, 648-649, 652-667, 670, 681-683, 691-704,
706, 714, 716-721, 722 and 726, dated March 10, 2012.

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Samsung’s Objections and Responses to Apple’s Tenth Set of Requests for
Admission, Responses to Request Nos. 1191-1192, 1198-1199, 1205-1206, 12121213, 1219-1220, 1226-1227, 1233-1234, 1240-1241, 1247-1248, 1261-1262,
1275-1276, 1282-1283, 1289-1290, 1296-1297, 1303-1304, 1210-1211, 13171318, 1324-1325, 1331-1332, 1338-1339, 1345-1346, 1352-1353, 1359-1360,
1366-1367, dated March 10, 2012.

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APPLE INC.’S IDENTIFICATION OF
DEPOSITION DESIGNATIONS AND OTHER
DISCOVERY TO BE OFFERED AT TRIAL Case
No. 11-cv-01846 (LHK)

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Dated: July 16, 2012

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MORRISON & FOERSTER LLP
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By:

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/s/ Michael A. Jacobs
Michael A. Jacobs
Attorneys for Plaintiff
APPLE INC.

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WILMER CUTLER PICKERING
HALE AND DORR LLP

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By:

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/s/ Mark D. Selwyn
Mark D. Selwyn
Attorneys for Plaintiff
APPLE INC.

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APPLE INC.’S IDENTIFICATION OF
DEPOSITION DESIGNATIONS AND OTHER
DISCOVERY TO BE OFFERED AT TRIAL Case
No. 11-cv-01846 (LHK)